Bhavana Premdeep Matlane vs Premdeep Nishikant Matlane
2021 Latest Caselaw 12023 Bom

                                                                         fca13.2021judge.odt
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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR.

                   FAMILY COURT APPEAL NO. 13 OF 2021

 Mrs Bhavana W/o. Premdeep Matlane,
 Aged: 30 Yrs., Occ. : Housewife,
 R/o. C/o. S. M. Lohar, Kamla Tower
 Apartment, Flat No.8, Kaulkhed Road,
 Gayatri Nagar, Akola 444002                                                .....APPELLANT

                                          ..VERSUS..

 Premdeep S/o. Nishikant Matlane,
 Aged about 35 Yrs. Occ.: Govt. Servant,
 R/o. N-2, CIDCO, Vithal Nagar,
 Aurangabad-431003                                                   ....RESPONDENT

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                                 None for the appellant
                                 Shri Hemant Surve, Advocate for respondent
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                          CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

                          ARGUMENTS WERE HEARD ON      : 30.07.2021
                          JUDGMENT IS PRONOUNCED ON : 27.08.2021

 ORAL         J U D G M E N T (Per : G. A. Sanap, J.)

In this appeal challenge is to the Judgment and decree dated 07.12.2020 whereby the learned Judge of the Family Court granted the decree for judicial separation of the appellant and respondent for a period of one year.

2] This appeal can be disposed of in view of the judgment delivered by this Court in the Family Court Appeal No. 24 of 2020,

fca13.2021judge.odt

filed by the husband-respondent herein. The appeal filed by the husband-respondent herein has been allowed and the prayer for dissolution of marriage by decree of divorce has been granted. While granting the decree in the said appeal it has been made clear that the decree for judicial separation would not survive. It is further pertinent to note that the appellant and her Advocate remained absent throughout. In our opinion in view of the order passed in Family Court Appeal No. 24 of 2020 granting the decree of divorce, this appeal has become infructuous.

The Family Court Appeal, therefore, stands dismissed being infructuous

JUDGE JUDGE

Namrata